Under the current state of the law, the millions of people who take generic medications have had no legal recourse for serious injuries allegedly caused by the drugs.
New York, New York (PRWEB) January 15, 2013
An Alabama Supreme Court ruling could pave the way for individuals allegedly injured by generic versions of popular medications such as Fosamax, Accutane, Darvocet and others to pursue generic drugs lawsuits against brand name drug makers, Bernstein Liebhard LLP reports. According to The New York Times, in a decision issued on July 11, 2013, the Court ruled that patients taking a generic medication can bring failure to warn claims against the brand name drug manufacturer responsible for the medication’s label. While the Alabama decision involved a generic version of the drug Reglan, Bernstein Liebhard LLP believes it could have nationwide implications, and pave the way for victims of generic drugs to obtain compensation for their injuries.* (U.S. District Court, Middle District of Alabama,Case No. 1:10-cv-602)
“Generic versions of medications pose the same risks as their name-brand counterparts. Yet, under the current state of the law, the millions of people who take these medications have had no legal recourse for serious injuries allegedly caused by the drugs,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices.
Generic Drug Lawsuits
Generic drugs are required to carry the very same label warnings as name-brand versions. In 2011, the U.S. Supreme Court ruled in Pliva vs. Mensing that victims of generic drug injuries could not be sued for failing to warn patients about their risks since they have no control over the content of the drug’s labels. According to a report published by the New York Times in the wake of the Mensing decision, lawsuits involving generic versions of Accutane and other medications have since faced dismissal in courts throughout the country.** In July 2012, for example, the Judge overseeing federal Fosamax femur fracture lawsuits in the U.S. District Court, District of New Jersey, granted a motion filed by generic manufacturers to dismiss all claims against them that were based on failure to warn. (In re: Fosamax (Aledronate Sodium) Products Liability Litigation (No. II) – MDL 2243). Last March, the judge overseeing the federal Darvon/Darvocet litigation in the U.S. District Court, Eastern District of Kentucky, also cited Mensing when he dismissed claims involving generic versions. (In Re: Darvocet, Darvon and Propoxyphene Products Liability Litigation MDL 2226)
According to The New York Times, the generic Reglan lawsuit at the center of the Alabama decision was filed in federal court. The federal court then asked the Alabama Supreme Court to determine whether a brand name drug maker could be sued in such a case. In allowing the lawsuit to move forward, the Alabama Supreme Court ruled that “an omission or defect in the labeling for the brand-name drug would necessarily be repeated in the generic labeling, foreseeably causing harm to a patient who ingested the generic product.”
The Alabama decision only applies to failure to warn lawsuits filed in that state. Nonetheless, Bernstein Liebhard LLP believes it may pave the way for similar rulings in other states.
Victims of defective drugs may be entitled to compensation for medical bills, lost wages, pain and suffering and other damages. Bernstein Liebhard LLP offers free legal consultations to individuals injured as a result of drug side effects, including those allegedly caused by Fosamax, Actos and Pradaxa.Learn more by visiting Bernstein Liebhard LLP’s website, http://www.consumerinjurylawyers.com/. For additional information, contact a lawyer at Bernstein Liebhard LLP today at (877) 779-1414.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.
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Felecia L. Stern, Esq.
Bernstein Liebhard LLP